Vaud Code of Judicial Private Law (CDPJ) - Object of the Law (CDPJ)

1. This law designates the cantonal judicial and administrative authorities responsible for the implementation of the Swiss Civil Code (CC) [A], the Code of Obligations (CO) [B], and other federal laws concerning private law.

2. This law also contains procedural law provisions supplementary to matters of civil law and the law of obligations.

3. This law further contains cantonal law rules that complement federal civil law, as well as procedural provisions applicable to cantonal law matters brought before civil courts.

1. The designation of cantonal authorities in the field of adult protection and child protection, as well as the cantonal procedural rules related thereto, are contained in a special law.

1. The application of federal private law falls under the jurisdiction of civil courts, unless the law designates an administrative authority.

1. The general jurisdiction of civil courts is determined by the Judicial Organization Act (LOJV) [C].

1. The following decisions and measures fall within the jurisdiction of the justice of the peace

1. drawing up an inventory of an estate subject to substitution, ruling on the securities to be provided and ordering official administration (Art. 490 CC [A]);

2. receiving the deposit of the document attesting to the content of an oral will, or drawing up a record of the witnesses' declarations (Art. 507, para. 1 and 2 CC);

3. advising executors of their mission, ensuring their supervision, and, where appropriate, revoking them (Art. 517 and 518 CC);

4. drawing up a public inventory in the event of a succession pact involving an advancement of inheritance, at the request of the benefited heir (Art. 534 CC);

5. requiring the declaration of absence in cases where it must be pronounced ex officio (Art. 550 CC);

6. taking the necessary measures to ensure the devolution of an estate, insofar as no other authority is designated (Art. 551 CC);

7. affixing and removing seals (Art. 552 CC; Art. 119 to 123 of this Law);

8. ordering a conservatory inventory of the estate in cases provided for by federal law and this Law (Art. 553 CC; Art. 112 to 118 of this Law);

9. ordering and supervising the official administration of the estate (Art. 554 CC);

10. providing for the published summons in the event of a call to heirs (Art. 555 CC);

11. receiving, searching for, and opening wills and succession pacts, as well as marriage contracts taking effect upon death when the law so provides (Art. 556 and 557 CC; Art. 124 and 128 of this Law) and communicating their content to the beneficiaries after death (Art. 558 CC; Art. 131 of this Law);

12. issuing the certificate of heirship (Art. 559 CC);

13. receiving declarations of repudiation or express acceptance of an estate and notifying the appropriate parties of the repudiation (Art. 570, para. 1, 574 and 575, para. 2 CC);

14. extending the deadline or setting a new deadline for repudiation (Art. 576 CC);

15. receiving the request for the benefit of inventory and ruling on it (Art. 580 CC), drawing up the inventory itself, as well as taking all decisions relating to the benefit of inventory procedure (Art. 581 to 583 CC), giving notice to debtors as per Article 583, paragraph 2 CC, authorizing, where applicable, the continuation of the deceased's affairs (Art. 585, para. 2 CC), summoning the heir to take a position (Art. 587, para. 2 CC) and receiving their determination (Art. 588 CC);

16. receiving the request for official liquidation of estates and ruling on it (Art. 593 and 594 CC), as well as taking all decisions relating to the administration and liquidation operations or their supervision (Art. 595, para. 3 CC), the jurisdiction of the president of the district court being reserved (Art. 158 of this Law);

17. ruling on the precision of property boundaries (Art. 669 CC) and demarcation, in accordance with Article 68 of the Rural and Land Code (RLC) [D];

18. pronouncing the banning of a forest or pasture (Art. 699 CC; Art. 163 of this Law);

19. exercising the powers of the authority in matters of lost property, when it does not concern animals (Art. 721, para. 2 CC; Art. 77 et seq. of this Law);

20. ruling on the inventory in cases of usufruct and providing for its execution (Art. 763 CC);

21. ruling on the securities owed to owners whose usufructuary claims the transfer of receivables from securities (Art. 775 CC);

22. providing for measures made necessary by the extinction of the powers of a representative designated on a security title (Art. 850, para. 3 CC [E]);

23. ruling on the consignment of objects or values in the cases of Articles 92, 93, 96, 168, paragraph 3, 259g, 330, paragraph 3 and 744 (by reference also to 764, para. 2, 770, para. 2, 826, para. 2 and 908 CO [B]), 987, para. 1, 1032 and 1098 CO, as well as Articles 774, para. 1 and 906, para. 3 CC, subject to the jurisdiction of the judge on the merits (Art. 165 of this Law);

24. setting deadlines for the execution of a contract (Art. 107 CO);

25. providing for the deposit of an expired power of attorney (Art. 36, para. 1 CO);

26. ordering the performance of an obligation by a third party, regardless of the judge's jurisdiction for the action for its performance;

27. setting a deadline for making a declaration of intent whenever the law so provides (Art. 83, para. 2, 366, para. 2 and 383, para. 3 CO; Art. 19a [F], para. 2 CC);

28. having the condition ascertained and, where applicable, proceeding with the sale of movable objects when the law provides for its necessity (Art. 204, para. 3, 427, para. 3, 435, 444, para. 2, 445 and 453 CO; Art. 721, para. 2 CC);

29. ordering the expert appraisal of an animal in a livestock sales contract (Art. 202 CO; Law on the procedure to be followed in matters of guarantee in the livestock trade, LGCB [G]);

30. evicting the former tenant or lessee whose lease has been terminated for non-payment of rent or farm rent;

31. appointing the expert within the framework of establishing a statement of provisions due to workers, when the employer is responsible for it (Art. 322c, para. 2 CO);

32. pronouncing the finding of an allegedly defective work (Art. 367, para. 2 CO).

1. The following decisions and measures fall within the jurisdiction of the President of the District Court

1. decisions for the protection of personality against violence, threats, and harassment (Articles 28b and 28c CC), subject to the jurisdiction of specialized tribunals;

2. decisions relating to the right of reply (Article 28l CC);

3. decisions relating to the right of access to personal data (Articles 8 et seq. of the Personal Data Protection Act, LPD [H]);

4. actions for the provision of information where such an obligation is stipulated by substantive law (Articles 170 para. 2, 275a, 607 para. 3 and 610 para. 2 CC; Article 16 of the Partnership Act, LPart [I]; Articles 400, 541 and 600 para. 3 CO [B]) or by case law (right to information of the disinherited forced heir) and where the request for information is not brought before another judicial authority (Articles 158 and 160 et seq. of the Swiss Code of Civil Procedure, hereinafter: CPC [J]);

5. rectification of civil status (Article 42 CC) and actions for determination of civil status and declaration of absence (Article 35 CC);

6. the exercise of the prerogatives of the supervisory authority over a family foundation or an ecclesiastical foundation (Article 87 para. 2 CC);

7. decisions relating to the provision of security and notification to debtors in case of non-performance of the maintenance obligation after divorce (Article 132 CC);

8. divorce and legal separation actions upon joint request (Article 111 CC), in accordance with Articles 285 and 293 CPC, as well as actions for modification of divorce judgments when they concern only maintenance contributions;

9. actions for the dissolution of registered partnership between persons of the same sex, when they are the subject of a joint request (Article 29 LPart), in accordance with Articles 307 and 285 et seq. CPC;

10. authorization to represent the marital union or registered partners beyond current needs (Article 166 para. 2 CC; Article 15 para. 2 lit. a LPart);

11. protective measures for the marital union (Articles 172 to 179 CC), subject to the jurisdiction of the child protection authorities;

12. measures in case of suspension of cohabitation of registered same-sex partners (Article 17 para. 3 LPart), withdrawal of powers of representation of the partnership union (Article 15 para. 3 LPart) or restriction of the power to dispose of one of the registered partners (Article 22 LPart);

13. granting the consent of a spouse or registered same-sex partner to an act affecting the family home (Article 169 CC; Article 14 para. 2 LPart; Article 266m para. 2 CO);

14. judicial separation of property and reinstatement of the previous regime (Articles 185, 187, 189 to 191 CC; Article 25 para. 4 LPart);

15. authentic inventory between spouses or registered same-sex partners, when they cannot agree on the appointment of a notary or the valuation of an item (Article 195a CC; Article 20 LPart);

16. granting of deadlines for settlement between spouses or registered partners of a debt or restitution of an object (Articles 203 para. 2, 218 para. 1, 235 para. 2 and 250 para. 2 CC; Article 23 LPart), subject to the jurisdiction of the court seized of the action for divorce, legal separation or dissolution of the partnership;

17. authorization to accept or disclaim an inheritance (Article 230 CC);

18. fixing of contributions based on the maintenance obligation (Articles 279 and 285 CC), including recourse actions or actions subsequent to subrogation of the public entity (Articles 289 para. 2 and 330 para. 2 CC), if the maintenance claim is not combined with an action for establishment or determination of parentage (Article 7 no. 9 of the present Act);

19. requests aimed at increasing, decreasing, or abolishing maintenance, or concerning the amount of a particular contribution (Article 286 CC);

20. notification to the debtors of parents liable for maintenance to make their payment to the child's legal representative (Article 291 CC);

21. decisions compelling the child's parents to provide security for their future maintenance contribution (Article 292 CC);

22. the mother's claim for compensation within the scope of Article 295 CC;

23. the decision to entrust parental authority to one of the spouses in case of suspension of cohabitation (Article 297 para. 2 CC);

24. the obligation to provide support (Articles 328 and 329 CC);

25. alternatively to ordinary jurisdiction, the determination of the claim of the adult child (Articles 334 and 334bis CC);

26. the dissolution for good cause of family undivided co-ownership (Article 343 no. 5 and 348 para. 1 CC), the compensation of participants in co-ownership by participation (Article 348 para. 2 CC) and the partition of the undivided co-ownership (Articles 346 and 348 para. 3 CC);

27. actions for partition of an inheritance (Article 604 CC), including decisions concerning the postponement of partition (Articles 604 para. 2 and 605 CC; Article 12 of the Federal Act on Rural Land Law, LDFR [K]);

28. actions for collating an inheritance (Articles 626 et seq. CC) and for exercising legal withdrawals (Articles 606 and 631 para. 2 CC), alternatively to ordinary jurisdiction;

29. the appointment of a representative to the community of heirs (Article 602 para. 3 CC);

30. the appointment of the representative of the authority responsible for intervening in the partition to represent the insolvent heir (Article 609 para. 1 CC);

31. the takeover by one of the heirs, or the sale, of an agricultural enterprise or agricultural immovable subject to the Federal Act on Rural Land Law, and the settlement of balancing payments to co-heirs in case of preferential allocation;

32. preliminary or provisional measures before partition (in particular Articles 604 para. 3, 610 para. 3 and 615 CC);

33. the appointment of official experts responsible for valuing an immovable not subject to the Rural Land Law (Article 618 CC);

34. the formation and composition of lots, as well as their drawing by lot (Article 611 CC), the attribution of specific assets to one of the heirs, or the sale of such assets (Articles 612 and 613 CC) and the imputation of the deceased's claims against one of the heirs (Article 614 CC);

35. the order to carry out acts and measures essential for maintaining the value and utility of the co-owned property (Article 647 para. 2 CC);

36. the partition of co-ownership or joint ownership, alternatively to ordinary jurisdiction, and subject to numbers 26 and 27 above;

37. the determination, alternatively to ordinary jurisdiction, of the new boundaries of parcels affected by a landslide, as well as resulting claims for added or diminished value (Article 660b CC);

38. the order to register a real right acquired by extraordinary prescription in the land register, after having proceeded with the necessary notifications (Article 662 para. 3 CC);

39. decisions concerning disputes relating to surface waters (Articles 689 and 690 CC);

40. decisions relating to the establishment and relocation of neighbouring pipelines using another's land (Articles 691, 692 and 693 CC);

41. decisions relating to necessary passage (Article 694 CC);

42. decisions relating to common springs (Article 708 CC) and the claim to a necessary fountain (Article 710 CC);

43. the exclusion of a member from the community of condominium owners or ordinary co-ownership (Articles 649b and 649c CC);

44. decisions ruling on objections raised in condominium matters (Article 712c para. 2 and 3 CC);

45. the judicial appointment and removal of the condominium administrator (Articles 712q and 712r para. 2 and 3 CC);

46. the order to the usufructuary to provide security, and failing that, the appointment of an administrator, including his supervision and removal (Articles 760 to 762 CC);

47. the total or partial liquidation of the assets subject to usufruct (Article 766 CC), including the appointment of the administrator or liquidator and their supervision, or their removal;

48. the fixing of security to be provided by the usufructuary in case of legal transfer of rights, claims or value rights (Article 775 CC);

49. mortgage actions, including security for depreciation of the pledge (Articles 808 to 810 CC);

50. the decision following the refusal of the pledge creditor subsequent to an alienation of small parcels, as well as the eventual determination of the proportional advance payment resulting therefrom (Article 811 CC);

51. the determination of the security to be provided under Article 822 para. 2 CC;

52. challenging the distribution of the pledge in case of parcelling (Article 833 CC);

53. the cancellation of a mortgage bond constituted as a lost, stolen or destroyed security;

54. the extinction of mortgage bonds whose creditor has remained unknown for at least ten years;

55. possessory actions (Articles 927 and 928 CC);

56. the appointment of a representative to the holder of real estate rights in cases provided for by the Swiss Civil Code (Articles 666a, 666b [E] and 823 CC);

57. the decision to re-register a real estate right that has apparently lost all legal value (Article 976c CC [E]);

58. the convocation of a general assembly of an association, a limited company (Article 699 para. 4 CO), a partnership limited by shares (Article 764 para. 2 CO), a limited liability company (Article 805 para. 5 CO) or a cooperative society (Article 881 para. 3 CO);

59. until the initiation of the main proceedings, upon request of the creditor or the guarantor, the decision determining whether the pledges cover the debt or not, in cases provided for in Article 496 para. 2 CO;

60. the suspension, to the exclusion of any other authority, upon request of the guarantor, of the enforcement proceedings directed against the guarantor in the case provided for by Article 501 para. 2 CO;

61. measures to remedy organizational defects of an association (Article 69c CC), a limited company (Article 731b CO), a partnership limited by shares (Article 764 para. 2 CO), a limited liability company (Article 819 CO) or a cooperative society (Articles 831 para. 2 and 908 CO), all subject to Article 8 para. 2 of the present Act;

62. the removal or appointment of new liquidators of a general partnership (Article 583 para. 2 CO), a limited partnership (Article 619 para. 1 CO), a limited company (Articles 740 para. 4 and 741 para. 2 CO), a partnership limited by shares (Article 770 para. 2 CO) or a cooperative society (Article 913 para. 1 CO);

63. the appointment and removal of the auditor or missing organs of a limited company (Article 731b CO), an association compelled to do so (Article 69b para. 3 CC), a limited liability company (Article 818 CO) or a cooperative society (Article 906 CO);

64. the method of alienation of immovables or opposition to bulk sale in case of liquidation of a general partnership (Article 585 para. 3 CO) or a limited partnership (Article 619 para. 1 CO);

65. the appointment of an expert in matters of control of the limited partnership (Article 600 para. 3 CO);

66. the exercise of the shareholder's right of control in the limited company (Article 697 para. 4 CO), a partnership limited by shares (Article 764 para. 2 CO), as well as a partner in a limited liability company (Article 802 para. 4 CO) or a member of a cooperative society (Article 857 para. 3);

67. special control measures for the limited company, when recognized by the general assembly (Articles 697a para. 2, 697c, 697d para. 2, 697e and 697g para. 2 CO);

68. consultation of annual financial statements, group financial statements and auditor's reports of a limited company (Article 697h para. 2 CO);

69. the declaration of bankruptcy of a limited company (Articles 716a para. 1 no. 7, 725, 725a para. 1 and 2, 729c and 743 para. 2 CO), a partnership limited by shares (Article 770 para. 2 CO), a limited liability company (Articles 820 and 821 para. 1 no. 3 CO) or a cooperative society (Article 903 para. 2 CO);

70. the determination of the real value of a registered share of a non-listed limited company, alternatively to ordinary jurisdiction (Article 685b para. 5 CO);

71. the dissolution of a company not compliant with the revised limited company law (Article 2 para. 2 of the final provisions of the Federal Act of 4 October 1991 amending Title XXVI of the Code of Obligations);

72. the early distribution of the liquidation assets of a partnership limited by shares (Article 770 para. 2 CO);

73. the dissolution for good cause of a simple partnership, a general partnership or a limited partnership (Articles 545 para. 1 no. 7, 574 to 579 and 619 CO);

74. the exclusion of a partner from a general partnership or a limited partnership, as well as the exclusion or right of withdrawal of a partner in a limited liability company or a member of a cooperative society (Articles 577, 619, 822, 823, 824 and 846 para. 3 CO);

75. the definitive withdrawal of the right to manage and represent a general partnership, a limited partnership, a limited liability company or a cooperative society (Articles 565, 603, 815 para. 2 and 890 para. 2 CO);

76. measures provided for by law concerning the community of holders of participation certificates (Articles 657 para. 4, 764 para. 2, 1162 para. 3 and 1164 para. 3 CO);

77. the cancellation of securities and the associated payment prohibition (Articles 971, 977, 981 to 987, 1072 to 1080, 1098, 1143 no. 19, 1147, 1151 and 1152 CO; Article 9 of the transitional provisions CO of Titles XXIV to XXXIII), or of an insurance policy (Article 13 of the Federal Act on Insurance Contracts, LCA);

78. the revocation of the powers of the representative of the community and creditors in bond loans and necessary provisional measures (Articles 1162 para. 3 and 4 CO);

79. the convocation of the general assembly of creditors in the community of bond loans (Article 1165 para. 3 CO).

1. The district court has jurisdiction over the following actions

1. challenging a change of name (Art. 30 para. 3 CC [A]);

2. an appeal by a member of an association's general assembly against a social decision allegedly unlawful or contrary to the statutes (Art. 75 CC);

3. the dissolution of an association or a family or ecclesiastical foundation (Art. 78 and 88 para. 2 CC);

4. judicial annulment of a marriage (Art. 104 to 110 CC);

5. divorce and judicial separation upon joint petition with a partial agreement (Art. 112 and 117 CC; Art. 286 CPC [J]), as well as upon unilateral petition (Art. 114, 115 and 117 CC; Art. 290 et seq. CPC), and modification of the judgment (Art. 129 and 134 CC; Art. 284 para. 3 CPC);

6. actions challenging or establishing a parent-child relationship (Art. 252, 256, 258, 259 para. 2 and 260a CC);

7. an action for annulment of adoption (Art. 269 and 269a CC);

8. an action for paternity (Art. 261 CC);

9. an action for child maintenance, when combined with an action to establish or determine paternity (Art. 303 and 304 CPC);

10. challenging a decision of the general assembly of condominium owners (Art. 712m CC).

1. The Cantonal Chamber for Commercial and Company Law has jurisdiction over the following actions

1. actions brought by the administration or a shareholder against a decision of the general meeting of a stock corporation, a partnership limited by shares, a limited liability company, or a cooperative (Arts. 689e para. 2, 691 para. 3, 706, 706a, 706b, 764 para. 2, 808c, 816, and 891 CO [B]), including actions brought by the joint administration against a decision taken individually by the affiliated company (Art. 924 para. 2 CO);

2. the judicial dissolution of a stock corporation (Arts. 643 para. 3 and 736 no. 4 CO), a partnership limited by shares (Art. 770 para. 2 CO), or a limited liability company (Arts. 779 para. 3 and 821 para. 3 CO), as well as actions for the declaration of the existence or non-existence of such companies or a cooperative.

2. If the defendant company is no longer represented by an organ capable of acting, the designation of a representative (Arts. 731b, 762 para. 2, 819, 831 para. 2, and 908 CO) falls to the president of the Cantonal Chamber for Commercial and Company Law.

1. When the recusal request concerns a professional judge or a vice-president, three other judges from the same judicial office shall rule on said request.

2. The professional judge called to hear the case on the merits shall decide on the recusal request targeting a non-professional judge or an associate.

3. The Cantonal Court shall rule on recusal requests targeting an entire first instance judicial authority or the majority of its members.

4. Paragraphs 1 to 3 apply by analogy to conciliation authorities.

5. The Cantonal Court shall rule on recusal requests targeting its own members.

6. The Neutral Court shall rule on recusal requests targeting the entire Cantonal Court or the majority of its members.

7. The Cantonal Court is the appellate authority within the meaning of Article 50, paragraph 2 of the Code of Civil Procedure [J].

1. A challenged magistrate or collaborator who is on vacation or otherwise unable to perform their duties shall be replaced by a magistrate or collaborator from the same office, unless the Cantonal Court appoints an ad hoc replacement.

2. When the disqualification request concerning an entire chamber of the Cantonal Court is accepted, or when, due to the disqualification of several of its members, it can no longer be constituted, the Cantonal Court shall appoint an ad hoc chamber from within itself.

3. If such a chamber cannot be designated, the Neutral Tribunal shall investigate and adjudicate the matter.

4. When the request for disqualification of a first-instance court is accepted, or when, due to the disqualification of several of its members, it can no longer be constituted, the Cantonal Court shall delegate the matter to another court with the same jurisdiction. This rule also applies to the conciliation authority.

1. The trustee is competent to receive notices concerning foundlings and the registration of the child in the civil status records (Art. 38 of the Ordinance on Civil Status, hereinafter: OEC [L]).

1. The municipality is competent for

1. contesting the recognition or the annulment of an adoption flawed by the commune of origin or of the husband's domicile (Art. 259 para. 2 no. 3 and 269a para. 1 CC [A]);

2. defending against an action for paternity as the competent authority according to Article 261, paragraph 2 CC.

1. The following fall within the jurisdiction of the department responsible for civil status [M]

1. the authorization to change a surname or first name (Art. 30 para. 1 CC);

2. ...

3. the declaration of adoption (Art. 268 CC);

4. ...

1. The department responsible for foundations [M] is tasked with their oversight, insofar as it does not fall under the Confederation.

1. The department in charge of the land registry [M] is responsible for its supervision (Art. 956 CC [A]), in accordance with the Land Registry Act (LRA) [N].

1. The department responsible for youth protection [M] has jurisdiction over the following

1. the authorization to professionally carry out placements for adoption and the supervision of these placements (Art. 316, para. 1 and 1bis CC [A]);

2. decisions falling under the central authority according to Article 3 of the Federal Act of 22 June 2001 on the Hague Convention on Adoption and Measures for the Protection of Children in International Adoption [O].

1. The organization and oversight of marital or family counseling offices (Art. 171 CC [A]) fall under the jurisdiction of the department responsible for family policy [M].

1. The department responsible for economic affairs [M] has jurisdiction over the following

1. the authorization of credit institutions or cooperative societies to practice lending against the pledge of livestock (Art. 885 CC [A]);

2. the supervision of funds raised wholly or partly within the canton's territory (Art. 89c CC), in accordance with the Law on the Exercise of Economic Activities [P];

3. the authorization given to a warehouse keeper to issue securities representing goods (Art. 482 and 1155 CO [B]).

2. The Law on the Exercise of Economic Activities is applicable by analogy concerning the general conditions for authorization and supervision.

1. The department responsible for legal affairs [M] is competent

1. to request the judicial dissolution of associations or family or ecclesiastical foundations whose purpose is unlawful or contrary to public morals (Arts. 78 and 88, para. 2 CC [A]);

2. to request by civil action a restoration to the previous state, or to obtain in court a declaration of nullity or annulment concerning the existence of a legal entity, whenever a federal law so provides and after denunciation by the competent authority (in particular Art. 27 of the Federal Act of 16 December 1983 on the Acquisition of Real Estate by Persons Abroad, LFAIE [Q]);

3. to initiate ex officio an action for nullity of marriage or partnership based on an absolute ground (Art. 106 CC; Art. 9, para. 2 LPart [I]);

4. to obtain, after the death of the donor or the testator, the execution of a charge stipulated in the public interest, without prejudice to the right of action of other interested parties (Art. 246, para. 2 CO [B]; Art. 482 CC).

2. The criminal prosecution authorities and administrative authorities shall provide it with all useful information relating to the initiation of one of the actions provided for in paragraph 1.

1. The officials of the debt collection offices are responsible for

1. keeping the register of livestock pledges (Art. 885 CC [A]);

2. the sale of objects pledged in pawnbroker establishments (Art. 910 para. 1 CC), in accordance with the rules of the Swiss Civil Code and the Cantonal Act on the Application of the Federal Act on Debt Collection and Bankruptcy in the Canton of Vaud (LVLP) [R].

1. Notaries are competent for the official deposit of all dispositions mortis causa (Art. 504 and 505, para. 2 CC [A]).

1. A regulation of the Council of State determines the competent cantonal authority within the meaning of Article 720a CC [A] and the procedure to be followed regarding abandoned or lost animals.

1. The professional activity of agents aiming at the conclusion of a marriage is the subject of a special law (art. 406c CO).

2. The organization of registers maintained by cantonal authorities in application of federal private law is the subject of special laws [S].

1. Unless otherwise provided by law, the acts for which federal law requires an authentic form, or to which the parties wish to confer this form, are executed by a notary in the form prescribed by the Notaries Act (LNo) [T].

2. The official acts of the administration and the courts have an authentic character within the meaning of Article 9 of the Civil Code [A] if they are drawn up by the competent authority and according to the forms required by law.

1. Protests of Bills of Exchange are drawn up by a notary or by the official in charge of debt collections and bankruptcies designated by law in accordance with a procedure established by the State Council.

1. Visas and legalizations fall under the jurisdiction of the notary public.

2. The forms of the law on notarial practice [T] are applicable.

3. Legalizations executed by officials and officers of civil registries for the requisitions presented to them remain reserved.

1. Custodians of judicial records, as well as notaries concerning their minutes and registers, may only issue copies to the parties involved or their legal successors.

2. Each copy shall state the names, domicile, and capacity of the requester and shall indicate whether it is issued as a first or subsequent copy, and so forth. This shall be annotated in the margin of the document.

1. If the document constitutes a debt, only the creditor has the right to receive a copy of it. They cannot obtain a second copy without the signed consent of the debtor.

2. This consent is annexed to the register or to the original of the document; a note of it is made in the margin of the latter.

3. Anyone unable to obtain the consent of the debtor may initiate their action in the summary proceedings set out in Article 109 of this law.

1. Any person who, without being a party to a document, has an interest in it and needs a certified copy thereof, must apply to the authority to which the custodian of the register or the original document reports in order to obtain it.

2. If such person substantiates their interest, the order is given in writing; it is attached to the register and noted in the margin of the document. The certified copy contains a note of the order received and the person to whom it is issued.

1. Publications required by federal private law shall be made by insertion in the Official Gazette, unless a legal or regulatory provision prescribes another mode of publication.

2. The publication of a public notice shall take place by posting on the public notice board of the concerned municipality.

1. When a person lacking legal capacity domiciled outside the district has an interest in an estate as an heir, the magistrate notifies the competent guardianship authority.

2. The notary who has received a will or a succession agreement keeps the original document in accordance with the forms and within the limits established by notarial legislation [T]. The testator may obtain from the notary holding the document an authentic certificate of this deposit, which is also entered into an ad hoc register by the notary issuing the certificate.

3. As soon as the notary becomes aware of the testator's death, the notary who received the mortis causa document in deposit is required to immediately deliver the holographic original or the authentic copy to the competent magistrate.

4. When the mortis causa dispositions of a deceased person are solicited by public notice, the director of the cantonal archives researches whether they have been received by the notaries whose records are deposited in the cantonal archives, and sends the document to the magistrate of the deceased's domicile.

1. All gifts mortis causa involving the establishment of a foundation (Art. 493 CC [A]) or made for a specific purpose to a group of individuals that does not have legal personality (Art. 539, para. 2 CC) must be communicated, by notification of the justice of the peace who opened the instrument, to the supervisory authority of foundations.

1. Immediately after the opening of the will, the justice of the peace shall officially notify the executors of the duty entrusted to them, providing them with the content of Article 517, paragraph 2 CC [A].

1. The provisions of the present chapter supplement, before the Vaud judicial authorities, the provisions of the Swiss Code of Civil Procedure [J] concerning civil disputes as well as for non-contentious civil matters assigned by federal law to a judge.

1. Deliberations of a court of first or second instance take place in camera.

2. In the second instance, and upon the joint request of all parties, the deliberations are public.

1. Duly authorized patent agents may represent the parties in cases assigned to them under the Patented Agent Profession Act (LPAg) [V] or under special laws.

2. Representatives of tenant or landlord representative organizations, previously authorized by the Cantonal Court, may represent the parties before the conciliation commissions in lease matters, the Rental Court, and for cases falling under Article 5, number 30 of this law. Representatives of farmer representative organizations previously authorized by the Cantonal Court may also represent the parties before the prefectural conciliation commission.

3. Representatives of trade unions or employer organizations, or, concerning claims based on the Federal Act on Gender Equality (LEg) [W], representatives of the organizations referred to in Article 7 of this Act, may represent the parties before labor tribunals.

4. Professional representation of the parties by agents not authorized by federal or cantonal law is punishable by a fine and pursued according to the Misdemeanor Act [X].

1. The schedule of [Y] fees is determined by the Cantonal Court.

2. As a general rule, the party that loses is required to reimburse the prevailing party, according to the Cantonal Court's Fee Schedule, for all necessary costs incurred due to the litigation.

3. No court fees are charged for proceedings involving protective measures of the marital union or for those concerning contracts concluded with consumers as defined by Article 32 of the Code of Civil Procedure (CPC) for cases where the disputed amount does not exceed CHF 10,000.

1. The official language of the proceedings is French.

1. When the proceedings are pending, the assigned judge rules on the granting or withdrawal of legal aid.

2. Before the case is lis pendens, this competence belongs to the judge who would have jurisdiction over the merits.

3. When the judge refuses to grant legal aid due to the lack of prospects for success, they cannot rule on the merits.

4. If, after the granting of legal aid, the action is not initiated, the appointed counsel can, within one year from the date of their appointment, request the judge to set the fee owed to them. This period may be extended, upon request, by the granting authority.

5. The Cantonal Court establishes the terms of remuneration for counsel in a regulation.

1. The department responsible for the collection of judicial debts [M] pays the remuneration due to the court-appointed legal counsel as well as the court costs charged to the canton.

2. It then proceeds to recover these amounts from the beneficiary of legal aid, to the extent that he or she is able to reimburse them.

3. The department determines, by means of a decision, if and to what extent the financial situation of the beneficiary of legal aid permits him or her to pay back the aid.

4. If the department decides that this is the case, it may, in the same decision, issue the lifting of the opposition filed by the beneficiary of legal aid against any legal pursuit initiated for the recovery of advances provided by the State as part of the legal aid.

5. Decisions made in accordance with paragraphs 3 and 4 may be appealed to the Cantonal Court. The law on administrative procedure [Z] is applicable.

1. The recipient of legal aid is obligated to cooperate with the department in establishing their financial situation.

2. If, due to the recipient's failure to cooperate, the department is unable to establish their financial situation, it is presumed that the recipient is able to reimburse the advances provided by the State as legal aid.

1. When the parties proceed to mediation within the meaning of Articles 213 et seq. CPC, the judge may, upon request, grant them legal aid for the costs of the mediation under the following conditions

a. the parties use an accredited mediator within the meaning of Article 40;

b. the conditions laid down by Article 117 CPC, applicable by analogy, are met by the party requesting legal aid.

2. The request for legal aid may be submitted at the beginning or during the course of mediation.

3. Legal aid generally extends only to the mediator's fees. The judge may extend it to other costs if deemed necessary.

4. Legal aid is granted for a duration fixed by the judge, but for a maximum of ten hours of mediation per situation. The judge may extend this duration upon request if, based on a report from the mediator, he or she believes that the mediation process can conclude in the near future.

5. Article 123 CPC is applicable to the reimbursement of legal aid granted for mediation.

1. The court shall make available to the parties a list of civil mediators approved by the Cantonal Court, which maintains the register thereof.

2. To be approved as a civil mediator, a person must cumulatively meet the following conditions

a. possess professional experience of at least 5 years;

b. demonstrate sufficient training in mediation;

c. not have a criminal record entry for an intentional offense affecting probity and honor.

3. Approval on the register of mediators is subject to a fee set by the Cantonal Court.

4. The approved mediator undertakes to carry out their mission in compliance with the laws, with full independence, neutrality, and impartiality, without exerting any pressure on the disputing parties aimed at securing their adherence to an agreement that would not be freely consented to, and to respect the confidentiality of the mediation.

5. In case of non-compliance with the preceding provisions, the Cantonal Court may strike the mediator from the register.

6. The Cantonal Court shall regulate the accreditation procedure and the conditions for exercising the activity of an approved mediator.

7. The Cantonal Court shall set the fee schedule for approved civil mediators.

1. The judge for the conciliation attempt is the judge materially competent for the proceedings on the merits. Except for exceptions, it will not, however, be the magistrate personally tasked with instructing and adjudicating the case on the merits.

2. When the competent judge for the merits is a court, conciliation belongs to the judge delegated by this court.

3. Special laws are reserved.

1. When the law designates a collegiate authority to rule on the merits, the president or, for the courts of the Cantonal Tribunal and the Cantonal Patrimonial Chamber, a delegated judge, directs the exchange of pleadings and the preparatory procedure.

2. The president or, for the courts of the Cantonal Tribunal and the Cantonal Patrimonial Chamber, the delegated judge rules alone in the following cases

a. determination of the advance on costs (Art. 98 CCP [J]);

b. obligation to provide security for costs (Art. 99 CCP);

c. granting and withdrawal of legal aid (Art. 119 and 120 CCP);

d. acts of judicial assistance;

e. all procedural or interlocutory decisions provided for by civil procedure prior to the hearing on the merits, with the exception of decisions concerning grounds that may invalidate the proceedings (Art. 236 and 237 CCP); Article 43 is reserved.

3. If one of the decisions listed above must be taken during the hearing on the merits, the collegiate authority rules as a body.

1. When the law designates a collegiate authority to rule on the merits, the president or, for the courts of the Cantonal Tribunal and the Cantonal Patrimonial Chamber, the judge designated by the court, is nevertheless competent to

a. take note of settlements, withdrawals, and acknowledgments, and rule on the costs of the case;

b. declare the action, appeal, or recourse inadmissible if the advances and securities for the guarantee of litigation costs have not been paid;

c. rule in the cases provided for in Article 132 CPC [J];

d. rule on cases that are manifestly moot;

e. rule in matters to which the summary procedure applies in accordance with Articles 248 et seq. CPC.

2. If one of the decisions listed above must be taken during the merits hearing, the collegiate authority shall rule as a body.

1. The Justice of the Peace is the court for issuing a ban.

2. The court competent to rule on the action after the objection of the denounced party (art. 260, para. 2 CPC [J]) is the one competent based on the subject matter or the disputed value.

3. The municipal authority is competent for the prosecution of violations of a ban, in accordance with the law on contraventions [X].

4. The special procedures of the present law (art. 163) remain reserved.

1. Before the lis pendens, the authority competent to rule on requests for future evidence is the president of the district court with regard to evidence by witness and document, or the justice of the peace with regard to evidence by expert opinion or local inspection.

2. After the lis pendens, the competent judge is the judge in charge of the investigation or, before the filing of the application, the president of the court to be seized.

1. The justice of the peace is the court responsible for the enforcement of obligations not governed by the Federal Act on Debt Collection and Bankruptcy [AA].

2. However, the president of the district court rules on the enforceability of a foreign decision in Switzerland (Art. 335, para. 3, 338 and 339 CPC [J]).

3. The decision that definitively admits the enforceability of a foreign decision in Switzerland is forwarded to the justice of the peace for execution.

1. Notaries are competent to establish authentic enforceable titles under the conditions of the Swiss Code of Civil Procedure [J] and in the forms prescribed by the Notarial Law [T].

2. The authentic character of the title is defined by the Notarial Law.

3. Notaries serve, in accordance with Article 350 CPC, the copies of the enforceable acts that they have themselves executed in authentic form. After cessation of function, or during the suspension thereof, the successor notary or the substitute notary within the meaning of the Notarial Law have this competence. In the event of another impediment, the department assigns an appropriate notary to intervene.

4. The copies are issued in accordance with the Notarial Law, with the notification of federal law to be recorded in a special register.

1. The Cantonal Court is competent to rule in accordance with Article 356, Paragraph 1 of the CPC [J].

2. The president of the District Court is competent to assist or decide on the appointment, challenge, removal, or replacement of an arbitrator, as well as on the extension of the mandate of the arbitral tribunal.

3. The competence of the Cantonal Court is reserved in the case of Article 325, Paragraph 2 of the CPC.

4. Provisional measures prior to the opening of the arbitration proceedings fall under the jurisdiction of the materially competent judge according to ordinary provisions.

1. In cases of harassment, threats, or violence that may endanger the life or physical, psychological, or sexual integrity of one or more persons, particularly in situations of domestic violence, the judicial police may order the immediate expulsion of the perpetrator from the shared residence.

2. The expulsion cannot exceed thirty days.

3. The judicial police hear the parties, inform them about the subsequent procedure, and notify them that the president of the district court will be automatically seized of the case pursuant to Article 50 of this law. The statements of the parties are recorded in an official report.

4. The judicial police take all keys to the residence from the expelled person, which are immediately given to the victim. They require the expelled person to provide an address for notification immediately, informing them that, in the absence of a specific address, subsequent decisions will need to be collected from the court registry.

4bis. When ordering such an immediate expulsion from the shared residence, the police, if necessary, take the necessary measures to provisionally and preventively sequester firearms in the possession of the perpetrator of the violence.

5. The judicial police provide the expelled person and the victim with a copy of the expulsion form. They prepare a report of their intervention, which they transmit within twenty-four hours, along with the expulsion form, to the president of the district court for the area where the intervention took place.

1. The first working day following the receipt of the intervention report, the president of the district court issues an order in which the police measure is confirmed, amended, or annulled.

2. The president may accompany his decision with the threat of the fine provided under Article 292 of the Swiss Penal Code [AB] in case of disobedience to an authority's decision.

3. The president of the court sets a validation hearing, which must be held at the earliest possible date, but no later than fourteen days following the date of the order. Failing this, the police measure ends upon the expiry of the period set by the police.

4. If the validation hearing is scheduled after the expiration of the police measure, its duration is automatically extended until the hearing. The president informs the parties.

5. The president draws the victim's attention to the fact that the expulsion measure, if applicable, ends on the date set by the order. The victim is informed that they must file an application pursuant to Article 28b, paragraph 1 of the Civil Code [A] if they wish to obtain perimeter or contact prohibition measures.

1. At the hearing set by the validation order, the parties are heard separately, and then, if necessary, together.

2. The president informs the parties about the existing support offers.

3. Subject to the foregoing, the president rules according to the summary procedure forms of Article 109 of this law.

1. When a restraining order, perimeter ban, or eviction from domicile is issued, the president of the district court may, if requested by the plaintiff, order the perpetrator of violence, threat, or harassment to be placed under electronic surveillance.

2. The president of the district court is the enforcement judge.

3. If the perpetrator unjustifiably refuses to wear a surveillance device, especially by failing to appear at summons by the authority responsible for enforcement, the sanctions provided for in Article 343, paragraph 1, letters a to d of the Civil Procedure Code (CPC) are applicable.

4. The Penitentiary Service is responsible for implementing the electronic surveillance. It may delegate this task to a public entity or the entity responsible for probation. The implementation modalities are defined by a regulation of the Council of State.

5. The recorded data relating to the persons concerned must only be used for the enforcement of the ban. They are to be erased no later than twelve months after the end of the measure (Article 28c, paragraph 3 of the Civil Code (CC)).

6. The costs of the measure may be charged to the concerned person (Article 28c, paragraph 4 CC). The cantonal court is competent to establish a tariff.

1. The supplementary provisions of cantonal law regarding civil status registers and authorities, as well as the procedures for the celebration of marriages, are contained in a special law.

1. The supervision of pension foundations and institutions is governed by the Concordat on the Creation and Operation of the Occupational Pension Supervisory Authority and Foundations of Western Switzerland.

2. There is no municipal supervision.

1. The department in charge of the economy exercises the powers conferred by Article 89b CC [A].

1. The Execution of the Matrimonial Inventory (Art. 193a CC [A]) or of Registered Partners (Art. 20 LPart [I]) is carried out in accordance with Articles 112 and following of this Law.

1. The investigation necessary for national or international adoption is conducted by the department responsible for youth protection, which may designate an agency on a case-by-case basis to carry out certain operations.

2. When the adoptee is an adult, their adoption by a person from Vaud, regardless of their domicile, does not grant them the right to that person's citizenship.

1. May 1st and September 1st are deemed customary terms for joint ownerships that involve an agricultural operation.

1. Succession is devolved, in the absence of other heirs, by half to the canton and the municipality of the deceased's last domicile (Art. 466 and 555, para. 2 CC [A]).

2. When the State proceeds alone with the liquidation of the succession, upon authorization by the co-heir municipality, it deducts 1% of the net asset of the share of the succession attributable to the co-heir municipality, but at least 500 francs.

3. The same rules apply between the municipality of origin and the canton when the succession is subject to Swiss law as the deceased's law of origin, in the absence of a last domicile in Switzerland. In the case of multiple municipalities of origin in Vaud, Article 22, paragraph 3 CC applies subsidiarily among them.

1. The acquisition of civil ownership of wild animals without an owner, whether living or dead, is subject to the legislation on hunting and fishing.

1. The registrar of the land register notifies the municipality of the commune where the property is located and the department responsible for managing [M] risk areas of the abandonment of a property right on a building.

2. The department may allocate the building to the public domain by formal decision.

3. Failing that, such a building can only be occupied by an individual if authorized by the competent department, with a favorable opinion from the municipality where the building is located.

4. The authorization may be refused for reasons of public safety, or granted under certain conditions intended to ensure it.

1. The following are considered to belong to the public domain, subject to private rights validly constituted before or after the entry into force of this law

1. cantonal and communal roads, as well as public squares;

2. waters and their beds, as defined in Article 64;

3. regions unsuitable for cultivation, rocks, scree, snowfields, glaciers, and springs gushing forth;

4. airspace and the subsoil beyond private property.

2. The public domain is inalienable and imprescriptible; it can only be alienated in the forms established by special provisions. Disputes relating to the extent of the public domain shall be brought before the civil judge.

3. Articles 660 to 660b, 668, and 973 CC [A] are notably inapplicable to the determination of the boundaries of the public domain.

1. The following, in particular, are part of the public domain

1. lakes, watercourses and their beds;

2. ports, ripraps, shorelines, as well as shores up to the normal high-water mark, as defined by the Law on the Land Register, Cadastre and Territorial Information System [N];

3. spring waters, as soon as they have left the land from which they originate;

4. spring waters overflowing or crossing the canton's border;

5. groundwater within the limits of the Law on the Occupation and Exploitation of Groundwater [AC].

2. However, waters captured outside the canton and brought into its territory by rights holders, as well as waters from a spring captured on the land where they originate and conveyed off that land by its owner or other rights holders, in accordance with the Rural and Land Code [D], only enter the public domain once they have left the place where the rights holders have ceased to use them.

1. The utilization and common use of the public domain are subject to special provisions.

2. No use of the public domain by a private individual can be acquired through occupation.

1. Subject to the acquired rights of the municipalities, the public domain is cantonal.

2. However, the municipalities alone manage the artificial public domain that is not allocated to cantonal roads.

1. Alluvions and accretions that naturally form by deposits along the banks of a running stream shall benefit the owners of the respective lands, provided that the necessary land for the construction of banks or dikes is preserved.

1. The same applies to the land formations created by running water that gradually withdraws from one bank and moves to the other; the owner of the uncovered bank benefits from the alluvion, without the landowner on the opposite side being able to claim the land they have lost.

1. If a river, in creating a new branch, cuts through or encircles the land of a riparian owner and forms an island, the owner retains the ownership of their land, even though the island is formed within a river.

2. If a river forms a new course by abandoning its old bed, the owners of the newly occupied lands receive, as compensation, the abandoned old bed, each in proportion to the land that has been removed from them.

3. Islands formed by alluvion in a watercourse belong to the public domain.

1. Insofar as they do not constitute shores or beaches, the landings and accretions that naturally form by alluvion at the riparian bottom of a lake or the mouth of a watercourse subject to the backflow of a lake become integral parts of said lands.

2. On the new lands thus acquired, or on a space of two meters from the public domain, where these lands have greater width, each owner is required, upon acquisition, to allow the public to pass freely.

3. The landings and accretions that form at the edge of a lake and at the mouth of a watercourse into a lake, sheltered by a structure built by the State, a municipality, or a natural or legal person, as well as artificial accretions (deposits, fill, etc.), cannot be claimed by the owners of the riparian lands. They are part of the public domain.

4. The islands formed by the retreat of public waters or by alluvion in lakes belong to the public domain.

1. Article 66 applies by analogy to the withdrawal of regions unfit for cultivation that are part of the public domain.

1. Any owner who demonstrates that their land is in continuous movement may request the department in charge of the land registry [M] to define, at the applicant's expense, the perimeter of the properties affected by this movement.

2. The department shall decide to proceed with this definition only if the procedure is justified, particularly in view of the nature of the properties concerned; the Council of State shall regulate the procedure with respect to the other owners included within this perimeter.

1. Upon the proposal of the department responsible for the land register [M], the State Council shall officially determine the boundaries of territories in permanent movement according to new measurements.

2. This decision is made after publication and public inquiry in accordance with the regulations prescribed by the State Council.

3. The costs incurred by this procedure shall be apportioned in the same manner as the costs of the new measurements.

1. When, within an area of land in permanent motion defined in accordance with the previous provisions, multiple owners do not cooperate in determining the new boundaries of their parcels, a land consolidation is conducted according to the legislation on land improvements [AD]. Civil proceedings for fixing boundaries and for settling surpluses or deficiencies are suspended to the extent that they preserve their purpose.

1. The provisions of the Rural and Land Code [D] govern the restrictions on the right to derive from springs and the use by riparian owners or other persons of springs, fountains, and streams that remain private property.

2. The Expropriation Law [AE] is applicable to the cases of Articles 711 and 712 of the Civil Code [A].

1. The notice required by Article 720 CC [A] must be given, either verbally or in writing, to a police station or to the justice of the peace in the place where the item was found.

2. If the notice was given to the police, they shall inform the justice of the peace.

3. This notice is recorded in the register of the justice of the peace.

1. The inventor who does not wish to retain possession of the item may deposit it with the police, the justice of the peace, or a public office designated for the safekeeping of such objects. Objects deposited with the police may be transferred to such an office.

2. If he wishes to retain his rights within the meaning of Article 722 CC [A], he must request a receipt for the deposit in his name. The costs of custody or deposit are due by the owner who comes forward within five years; otherwise, they are due by the inventor who acquires ownership of the object.

3. In the absence of a receipt at the time of deposit in public hands, the inventor is presumed to have renounced his expectation of ownership (Art. 722, para. 1 CC).

1. The justice of the peace orders without delay the appropriate publicity measures and conducts the inquiries required by the circumstances.

1. When someone claims ownership of the lost object, the justice of the peace summons them to a hearing and draws up a report of their claim. The finder may be called to the hearing, and in any case receives the report.

2. Notice is given to the person alleging a contentious right over the object that they may proceed in accordance with the Swiss Code of Civil Procedure [J] before the same magistrate if the matter falls under the jurisdiction of the justice of the peace.

3. The separate dispute regarding potential gratification falls within the material jurisdiction of the justice of the peace regardless of the claim's value. If it is subject to the same forum, the finder is notified of the possibility to proceed on this matter before the justice of the peace following the procedures of the Swiss Code of Civil Procedure.

4. In the absence of conciliation, judgment, or settlement in its place, the deposited object as per Article 74 remains so, with the additional deposit costs being charged to the party who wrongly raised the dispute.

1. Public auctions provided for in Article 721 of the Civil Code (CC) [A] take place under the authority of the magistrate, who orders them ex officio, or upon request.

1. The preceding articles are not applicable when the found item is governed by provisions other than those of the Swiss Civil Code [A], particularly in the transportation of persons or goods, or in postal services.

1. The mere stipulation of a right of way is understood only as a passage for people, unless the intended use of the passage necessitates its use by animals, bicycles, or vehicles.

2. The stipulation of a foot passage is presumed to extend to hand-propelled vehicles, strollers, and single-seat vehicles allowing persons with disabilities to move. Bicycles are presumed to be authorized only if not ridden.

1. When the width of the right of way is not determined by the constitutive title of the right, it shall be fixed as follows

a. for a pedestrian right of way, at one meter;

b. for a right of way for horses and cattle, at 1.50 meters;

c. for a right of way for motor vehicles, as for any other vehicle such as a cart, wagon, or sledge, at 3 meters.

1. Other rights of way as defined in the Swiss Civil Code [A], related to forestry or agricultural activities, or to the use of water, are presumed to have the content of the legal right corresponding to the terms of the Rural Land Code [D].

2. However, this presumption only applies in the absence of a differing local usage.

1. The Council of State may set the maximum rate of mortgage interest applicable both to real estate mortgage securities and to their pledge or transfer operations for security purposes.

1. The provisions of articles 828 to 830 CC [A] regarding the discharge of mortgage are applicable in the Canton of Vaud.

2. The mortgage discharge offer is communicated to the creditors through the registrar of the land registry of the district where the majority of the property is located.

3. For properties subject to the federal law on rural land rights [K], or for other properties upon the encumbered owner's request, the auction sale of article 829 CC is replaced by an official appraisal set by two experts appointed by the justice of the peace of the jurisdiction. The justice is informed by the registrar, either automatically for agricultural properties, or upon request of the owner in other cases. The value determined by the experts is communicated by the justice of the peace to the registrar, as well as to the owner and mortgage creditors. Any interested party may appeal against the appraisal by a limited right of appeal, with article 109 of the present law being applicable.

4. If an auction sale is necessary, it shall only occur if the property owner confirms the discharge offer with the justice of the peace of the jurisdiction. The sale then only takes place at the request of an interested party, who advances the costs thereof. The sale is presided over by the justice of the peace or by a person he designates, with the assistance of a notary who drafts the official report.

5. In the case of an official appraisal, the owner must settle the amount as soon as it becomes final.

6. The price paid by the purchaser or the owner is deposited under the authority of the justice of the peace in accordance with article 165 of the present law.

7. If there are multiple creditors, the justice of the peace has a distribution statement prepared by the registrar of the land registry and communicates it to the interested parties, notifying them that distribution will occur according to the statement at the end of a ten-day period, provided no objection is made. In case of objection, the justice of the peace directs the interested parties to seek judicial recourse before the competent judge within the same jurisdiction, with article 148 of the debt enforcement and bankruptcy law [AA] being supplementarily applicable, and the price remains deposited in full or in part.

8. Cancellation is effected by the registrar of the land registry, subject to the written consent of creditors. In the absence of such written consent, it is effected based on a decision by the justice of the peace confirming that the distribution is completed or that the price has been deposited under his authority.

1. **Claims of Cantonal Public Law**

The claims of cantonal public law by the State, municipalities, corporations, and public law institutions, related to a real estate property, are only secured by a legal mortgage or a public law encumbrance when a special law provides for it.

2. **Subsequent Provisions**

The following provisions are only applicable in the absence of provisions contained in special laws.

1. The legal mortgage is established with the claim that it secures. It burdens the property for which the claim exists. If there are multiple properties, the pledge is collective.

2. The legal mortgage must be registered in the land register to be enforceable against a third party acting in good faith if its principal amount exceeds 1,000 francs. Unless otherwise provided by law, the request for registration must be submitted within one year of the first decision setting the amount of the claim or from the due date if it is later; otherwise, the mortgage lapses, regardless of the current owner's good faith. Article 969 of the Swiss Civil Code [A] applies.

3. On simple plausibility, the legal mortgage can be registered provisionally in the land register by decision. In the event of an appeal against the decision establishing it, provisional registration is carried out ex officio based on the first instance decision, notwithstanding any suspensive effect.

4. For claims with a principal amount of 1,000 francs or less, the mortgage is exempt from registration.

1. Unless otherwise provided by law, a legal mortgage is extinguished five years after the first decision determining the amount of the debt. However, it remains in effect beyond this term if the enforcement of the pledge continues to be annotated in the land register or if the owner’s bankruptcy is declared before the expiration of this period.

2. When provided by law, the legal mortgage is privileged and takes precedence over all other security interests that may burden real property, including the pledges provided for in Articles 808, paragraph 3, and 810 CC [A], subject to the provisions of federal public law. Privileged mortgages rank equally among themselves. A non-privileged mortgage ranks from the date the secured debt arises.

3. The registration of a public law mortgage does not render the debt imprescriptible. Furthermore, this mortgage is subject to the provisions of the Swiss Civil Code.

4. When the debtor is no longer the owner of the encumbered buildings, they cannot invoke Article 41, paragraph 1 of the Federal Act on Debt Collection and Bankruptcy [AA].

1. Public law land charges securing claims as provided by a special law exist independently of any correlation with the economy of the encumbered property.

2. Their creation is subject to the same conditions as a statutory mortgage under public law.

3. The public law land charge is not redeemable, but it is subject to the same prescription conditions as a statutory mortgage.

4. The provisions on the priority and privilege of statutory mortgages are applicable to public law land charges. Furthermore, they are subject to Articles 791 and 792 of the Civil Code [A].

1. The provisions related to the seizure of livestock, as well as the maintenance of related records by enforcement officers, are enacted by the Council of State.

1. The complementary cantonal provisions relating to pawn loans and related operations (Art. 914 CC [A]) are contained in the law on the exercise of economic activities [P] and in the implementing law of the Federal Law on Debt Collection and Bankruptcy [R].

1. The Council of State establishes [AF] the supplementary provisions applicable to documents related to condominium ownership and its transitional law.

1. The public clearing of a large number of real property rights that have become partially or entirely obsolete or uncertain (art. 976c CC [A]) takes place upon indication by the municipality of the location of the properties, prompted by a majority of the concerned property owners.

2. In the absence of an agreement between the owners and the holders of registered or annotated rights, the municipality forwards the case file to the department responsible for the land registry [M]; in doing so, it provides a preliminary notice on the public interest in proceeding with the clearing.

3. The department examines the case, generally in collaboration with a licensed surveyor registered in the Swiss register of surveyors. After hearing the holders of the disputed rights, it decides on the retention, deletion, or adaptation of the records.

4. The decision is notified to all interested parties and is displayed on the public notice board for 30 days, and notice thereof is also made in the Official Gazette. Any interested party may contest the decision affecting their right within a mandatory period of two months from the publication by appealing to the president of the district court of the jurisdiction where the property is located, who must rule in a simplified manner, with articles 109 and following of this law being applicable.

5. The enforceable modifications of the records are automatically entered into the land registry.

6. The costs of the administrative operations are allocated by the department's decision among the landowners whose charges have been removed or reduced: contesting this decision falls under administrative jurisdiction. A legal mortgage guarantees the recovery in accordance with this law.

1. The recovery of debts related to alcohol consumption cannot be subject to legal action or defense if the consumer was a minor.

2. The set-off or novation of such a debt is null and void.

1. The following provisions govern the formalities of public auctions ordered by an authority outside the scope of the Federal Act on Debt Enforcement and Bankruptcy [AA], as well as the provisions specific to voluntary public auctions (Art. 236 CO [B]).

1. Public auctions conducted on behalf of the State, a municipality, a corporation, or a public establishment shall be carried out under the initiative and direction of the official responsible for the sale.

2. Unless otherwise provided by special laws, they shall be conducted according to the procedures established for public auctions organized by a private individual.

1. Voluntary public auctions for the sale of real estate on behalf of a private person are conducted through the ministry of a notary.

2. Voluntary public auctions of movable objects or rights may be entrusted to an agent or a freely chosen notary by the seller. The agent or notary is responsible for complying with the provisions of the law on the exercise of economic activities (LEAE) [P].

3. The remuneration of the agent responsible for conducting the auctions is freely agreed upon; that of the notary is subject to fees as a ministerial operation.

1. The auction minutes serve as a deed of sale and must contain, when it concerns real estate, all necessary information for registration in the land registry.

2. It is signed by the seller or their representative and by the successful bidder.

3. Furthermore, in cases where the sale is conducted under the authority of a public official, it bears the signature of that official, and in cases where it is conducted by a notary, it bears the signature of the notary.

1. When the adjudication is subject to the ratification of an administrative or judicial authority, the sale remains conditional and is only entered into the land registry after its ratification.

2. The authority responsible for ruling on the ratification of a real estate sale issues an excerpt of its decision to the notary who prepared the minutes of the auction.

3. The notary appends this excerpt to the original of the minutes, and if the sale is ratified, he transcribes the content onto the copy he presents to the land registry office.

1. In auctions not subject to the ratification of an administrative or judicial authority, the notary is required to immediately communicate the adjudication to the land registry conservator. This communication is made by sending a copy of the auction record along with a request for registration.

2. When the conditions of sale grant the purchaser a term for the payment of the price, it may be stipulated that the registration in the land registry will only take place at the moment of payment of the price. In such a case, the notary only requests registration based on a written declaration from the seller or their representative providing a receipt for the sale price. This declaration remains annexed to the original of the auction record and must be transcribed onto the copy of the auction record submitted to the land registry office.

1. The provisions of federal law on the community of creditors (Art. 1157 to 1182 CO [B]) are applicable subsidiarily to bond borrowings by municipalities and other bodies and institutions of cantonal public law, but not to those issued by the State (Art. 1157, para. 3 CO).

2. However, the State may voluntarily submit to these provisions during a subscription.

3. When Articles 1157 and following CO apply as cantonal law, the competent courts shall rule according to Articles 103 and following of this Act.

4. The provisions of federal legislation regulating debt enforcement against municipalities and other bodies of cantonal public law in the event of a corporation's default are reserved.

1. The following provisions establish the civil procedure applicable to civil matters falling under cantonal private law and to patrimonial matters of cantonal public law falling under civil courts, insofar as other provisions do not apply.

1. As long as no special law or the following provisions state otherwise, the Swiss Code of Civil Procedure [J] applies subsidiarily to matters of cantonal law assigned to civil jurisdiction.

1. Cantonal law is applied ex officio.

2. The judge may request the assistance of the parties to determine the local usage referred to by the cantonal law.

1. In matters concerning the application of Vaud public law, the forum is mandatory.

2. When the application of federal forums would not allow a Vaud court to rule in a matter of Vaud public law, the forum is determined at the place where the contested administrative activity was carried out.

1. The location of the object determines the jurisdiction for non-contentious civil matters governed by cantonal law; in the absence of an object, the jurisdiction is at the domicile of the applicant.

2. The protective inventory, the call to heirs, the opening of dispositions upon death, the issuance of the heir certificate, the benefit of inventory, the official liquidation, and other non-contentious measures affecting the devolution of the estate are brought to the jurisdiction of the deceased's last domicile.

1. Unless a special law provides for summary proceedings, cantonal matters within the jurisdiction of the justice of the peace or the president of the district court are additionally subject to the rules of the simplified procedure of the Swiss Code of Civil Procedure [J].

2. In the event of a concurrence between federal law action and cantonal law action, the procedure prescribed by federal law is exclusively applicable to the instance.

1. When a legal provision expressly refers to this article, the supplementary federal procedure (Art. 104 and 108) is simplified such that prior conciliation is optional. If the summary procedure is applicable, there is no hearing record.

2. When reference is made to this article, the appeal limited to points of law is available against interlocutory or procedural orders only in cases where an appeal to the Federal Court is possible.

3. When the summary procedure is applicable, only the appeal limited to points of law is admissible against the substantive judgment, with the joint appeal being allowed.

1. Cantonal public rights subject to the jurisdiction of civil courts may be the subject of arbitration. The seat of the arbitral tribunal must be located in the canton.

2. The provisions of the Swiss Code of Civil Procedure [J] regarding arbitration are applicable subsidiarily, notwithstanding the international nature of the dispute which may affect the domicile or habitual residence of a party.

3. An appeal against an arbitral award in matters of public law arbitration falls exclusively within the jurisdiction of the Cantonal Court (Art. 390 CPC).

1. For all non-contentious matters falling under the following provisions, decisions shall be made in accordance with Articles 104 to 109 of this law.

1. The inventory minutes are classified and cataloged.

2. Each item is specifically listed in the inventory with a sequence number in the order of registration, along with an indication of its value in figures if an estimation is necessary.

3. Collections or assortments that cannot be advantageously sold in parts are recorded as a single item and under a single number.

4. Objects or titles of the same nature should be grouped together as much as possible.

5. The numbers form a single series, for both furniture and immovable property.

1. The judge first records the status of the movable property, including those items that have not been sealed.

2. He enters in the inventory the objects to be claimed, which are in the possession of third parties.

3. Immovable property is listed in the inventory with its cadastral designation, its area, and an indication of the crops.

4. If there are assets outside the canton, they are mentioned in the inventory with explanations and under the designations that the judge has been able to obtain.

1. The objects claimed by third parties are nevertheless retained, appraised, and included in the inventory. The claim is noted in the margin of the entry.

2. The personal linens and clothing of the spouse or registered partner, the children, and other members of the household are considered their property and are not included in the inventory.

1. The inventory record is dated and signed by the judge, the court clerk, and the individuals who attended the procedure.

1. To determine the market value of the inventoried assets, the judge may seek the opinion of one or more experts.

1. In the cases provided for in Article 553, numbers 2 and 3 of the Civil Code [A], and furthermore when all the heirs are not known, the justice of the peace shall prepare the inventory at the expense of the estate.

2. The same applies in the case of Article 553, number 1 of the Civil Code, and furthermore when an heir is a minor or under a guardianship preventing him or her from acting alone in the context of the distribution of the estate.

3. However, the costs of the inventory are borne by the State if the deceased was notoriously without means or if, considering the legal deductions, the assets of the estate cannot give rise to inheritance tax liability.

4. Articles 111 and following are additionally applicable.

1. The inventory is drawn up as soon as possible and, generally, within two months from the date of death.

2. Every estate inventory must indicate the date on which it was concluded.

3. The judge notifies the legal and appointed heirs of the completion of the inventory by registered letter.

4. The notice reiterates the renunciation period specified in Articles 567, paragraph 1, and 568 of the Civil Code [A].

5. The date of this communication is noted at the bottom of the inventory.

1. Whenever the law provides, any interested party may request the justice of the peace in whose jurisdiction the property is located to affix seals.

2. The justice, if possible, summons the interested parties or their representatives to attend the procedure. Article 113 applies in addition.

3. In matters of succession, the justice of the peace of the deceased's last domicile is competent: the justice of the peace of the location may order the urgent affixing of seals, but must notify the justice of the peace of the last domicile as soon as possible.

1. The judge seals movable objects, papers, securities, and documents, as well as all assets, in cash or receivables.

2. He temporarily leaves at the family's disposal the supplies, movable objects, and money necessary.

3. He temporarily assesses the claims and records his decision in the minutes.

4. The judge affixes the seals notwithstanding all objections, with the right to appeal to the cantonal court being reserved.

1. The judge removes the seals as soon as possible.

2. If he observes a broken seal or evidence of fraud, he drafts a report of his findings.

1. Ex officio or upon request, the judge shall affix seals at the expense of the estate when he deems this measure appropriate.

2. When seals are affixed under tax laws, it is done at the expense of the State.

3. The seals are removed during the inventory of the estate.

4. If there is no need for an inventory, they are removed as soon as possible by decision of the judge, either ex officio or upon request by the interested parties.

1. In the absence of the judge or an assessor, the trustee orders the necessary conservatory measures in case of urgency and informs the justice of the peace at the earliest opportunity. If necessary, they may temporarily affix seals.

1. As soon as the justice of the peace becomes aware of a death, they proceed with the search for assets and dispositions mortis causa. If they learn that the deceased had changed domicile, they consult the central registry of wills.

2. They take the necessary provisional civil measures and notify the competent inheritance authority in Switzerland, if the jurisdiction does not appear to fall within their remit.

3. Regardless of civil jurisdiction, the justice of the peace takes the measures prescribed by fiscal laws.

1. The court-appointed administrator is appointed, monitored, and, if necessary, revoked by the justice of the peace. Their fees are determined by the justice of the peace, without regard to the value in dispute.

2. The executor of the will is monitored and, if necessary, revoked by the justice of the peace. The ordinary civil jurisdiction adjudicates disputes concerning their fees.

1. Immediately after the death, the justice of the peace inquires about the heirs.

2. In the case of Article 555 CC [A], once the inventory is closed, the judge makes the opening of the succession public and invites all those who claim to be qualified to succeed to make their declaration of heir within the year.

3. This publication takes place by a notice posted at the public pillar of the district's chief town and published three times at one-month intervals in the Official Notices Bulletin. The judge may order further publications outside the canton.

1. If, within the time frame set by the summons, no declaration of heir is received by the judge, they shall notify the relevant tax department and the municipality of the deceased's last domicile and proceed ex officio as in the case of a request for the benefit of inventory (Art. 592 CC [A]).

1. Wills, regardless of their form, and inheritance agreements are approved.

2. Also approved are the dispositions upon death contained in a marriage contract.

3. These actions take place within the month following the submission of the act.

1. Homologation consists of the opening and reading of the act in a public session. Known heirs are summoned to the homologation session.

2. The homologated act is initialed to attest to its identity.

3. The original of the act or the authentic copy remains filed at the registry of the justice of the peace and is classified under the section for wills.

4. A photocopy of the act is filed separately.

5. Wills expressly revoked by a subsequent act whose validity is not contested are not transcribed in the register, but simply initialed by the judge and filed in the section.

1. The acts upon death submitted to the judge in accordance with the civil law or the Notary Law [T] shall be recorded in the minutes.

2. The judge retains the act that has been submitted to him.

1. The communications prescribed by Article 558, paragraph 1 CC [A] are made by the Registry of the Justice of the Peace, which sends by registered mail or delivers against receipt to each interested party a copy of the clauses of the deed concerning them, all at the expense of the estate.

2. The Justice of the Peace ensures that these communications are made as soon as possible after the opening of the will.

3. The summons to interested parties without a known domicile as provided by Article 558, paragraph 2 CC, is made at the same time by publication in the Official Notices Sheet and, if necessary, by more extensive publications outside the canton.

4. The judge also provides for the communications prescribed by Article 517, paragraph 2 CC, and Article 31 of the present law.

5. A note is made at the bottom of the minutes of approval, indicating the date of these communications and publications.

1. The interested parties present at the opening of the will have the right to immediately record their objection to the testament in the minutes of homologation, without their silence being interpreted as a waiver of their rights.

1. Instituted heirs whose rights are not expressly contested by legal heirs or by individuals benefitting from an earlier provision receive the certificate of their status as heirs (certificate of heirship) at the expiration of the one-month period stipulated by Article 559 CC [A].

2. They may obtain it earlier only by providing proof of consent, duly recorded by a declaration made before the magistrate or legalized, from all legal heirs and beneficiaries of earlier provisions.

3. The executor who has accepted their role is indicated on the certificate of heirship.

4. Reserved heirs who are completely excluded from the succession do not need to be mentioned on it.

1. The instituted heirs whose rights have been expressly contested by a declaration made during the homologation or addressed to the judge within the period established by Article 559 CC [A] must be informed by the justice of the peace.

2. This notice is not necessary if the contestation was made in their presence during the homologation.

3. The instituted heirs whose rights are thus contested can only obtain the certificate of their status (heir's certificate) if the contestations have been withdrawn, if the opponents have renounced them, or if they have been declared unfounded by a judgment.

1. The inheritance may be expressly accepted by a declaration signed by the heir before the justice of the peace.

2. The declaration must be made or submitted either by the heir in person or by their legal representative with the required authorizations by law, or by an agent holding a duly legalized special power of attorney.

3. The declaration is recorded in the register.

4. The declaration of the heir who has the benefit of a right of option specifies the form in which they exercise their right of option.

1. Acknowledgment is given of the heir's acceptance, whether tacit or express, after the heir has substantiated their entitlement, and the justice of the peace issues a certificate attesting to their status as an heir.

1. Repudiation is declared to the justice of the peace in the forms prescribed for acceptance by Article 135 above.

1. The judge rules on the admissibility of the repudiation in accordance with the provisions of the civil law (Art. 567 to 570 CC [A]).

2. He only declares the repudiation inadmissible after having heard the declarant's explanations regarding the cause of inadmissibility.

3. In the case of tardiness, he draws attention to the requirements of Article 576 CC and the following article.

4. He informs the declarant of his decision in writing.

1. To obtain, pursuant to Article 576 CC [A], an extension or restitution of the repudiation period, the legal or instituted heirs must submit a written and substantiated request to the justice of the peace, whose decision will be recorded in the minutes.

1. The judge notifies the legal heirs of the repudiation by an instituted heir.

2. When the succession is repudiated by the descendants or when the legal heirs who repudiate request that the subsequent rank heirs be required to express their decision, the judge notifies the interested parties accordingly, in conformity with Articles 574 and 575 CC [A]. The notice states that, in the absence of acceptance within one month, the succession will be liquidated by the bankruptcy office.

3. If the succession is repudiated by all those entitled to inherit, or if the deceased's insolvency is notorious, the judge automatically notifies the president of the court, who orders the liquidation by the bankruptcy office.

1. The request for the benefit of inventory is made by written or verbal declaration to the justice of the peace.

2. The request is transcribed in the minutes.

1. The justice of the peace, after examining whether the legal conditions are met and, if necessary, summoning the interested parties to be heard, grants or denies the benefit of inventory.

1. If the benefit of inventory is granted, the justice of the peace shall issue an order summoning

1. the deceased's creditors, including creditors by virtue of guarantees, to lodge their claims with the registry of the justice of the peace court within a period that cannot be less than one month from the date of the first publication;

2. the deceased's debtors to declare, within the same period, their debts to the registry of the justice of the peace court.

2. In setting the period, the judge shall take into account the circumstances and especially the remoteness of the creditors.

3. The order shall contain a warning that creditors who do not appear in the inventory for having neglected to lodge their claims in due time may not pursue the heirs either personally or against the assets of the estate, and that those who omit to lodge their claims without fault may only pursue the heirs to the extent of the latter's enrichment, creditors secured by pledges nevertheless remaining entitled to the rights resulting from the pledge.

1. The order of benefit of inventory is made public by at least three insertions in the Official Gazette.

2. The justice of the peace may give it broader publicity if it is presumed that the deceased leaves creditors outside the canton.

1. The justice of the peace prepares the inventory of the estate.

2. On his own initiative or at the request of an heir, he may appoint an expert, particularly a notary, with the task of preparing this inventory. Articles 112 and following of the present law are applicable.

3. The justice of the peace sends the notice provided for in Article 583 CC [A].

1. The inventory includes the statements received from the deceased's debtors.

2. If the estate includes real property, the judge attaches to the inventory an excerpt from the land registry indicating the mortgage charges.

3. If an estimated inventory has already been drawn up pursuant to article 117 of the present law, the magistrate supplements it as necessary.

1. The intervention of creditors must be made by written act filed at the office of the justice of the peace before the expiration of the period set by the benefit of inventory order.

2. The intervention must be accompanied by supporting documents.

3. The publications reiterate these requirements.

4. The intervenor is issued a receipt for the titles presented by them and, if they require, a certified copy of these documents, at their expense.

5. The intervenor may temporarily withdraw the presented titles upon depositing a copy certified as true by the registry.

1. The justice of the peace prepares an inventory of interventions in the form of a report, in chronological order, noting in the margin the order number of the intervention and the name of the intervenor.

2. The securities are recorded separately.

3. Upon the expiration of the production period, the justice of the peace places a note on the intervention report indicating the closure of the inventory.

1. Upon the conclusion of the inventory, the justice of the peace summons each heir to make a decision within one month, reminding them that their silence equates to accepting the inheritance under the benefit of inventory.

2. The complete inventory, including the statement of assets and liabilities, remains filed during this period at the justice of the peace's registry and is available to interested parties.

3. The justice of the peace then decides on written requests regarding extensions of the deadline.

1. The declaration of the heir must be made to the justice of the peace according to the rules established for the declaration of the heir when there is no benefit of inventory (Articles 135 and 137 of this law).

2. In the event of repudiation, Articles 136 and 140 of this law are applicable.

3. If applicable, the heir's certificate is issued by the justice of the peace in accordance with Article 133 of this law.

1. The heir who requests, in accordance with Article 585 of the Civil Code [A], authorization to continue the deceased's business shall proceed by written application.

2. The justice of the peace shall rule, after the parties have been heard or duly summoned.

1. The request for official liquidation, including that made pursuant to Article 578, paragraph 2 CC [A], is submitted to the justice of the peace, either by written or oral declaration from the heir, or by written declaration from a creditor.

2. The justice of the peace records the request in the minutes.

1. The justice of the peace rules without delay on the request for official liquidation, after the interested parties have been heard or duly summoned, if necessary, to be heard.

2. If the request is admissible, but it immediately appears that the estate is insolvent, the justice of the peace automatically forwards the request to the president of the court, who orders the liquidation through the bankruptcy office according to the rules of bankruptcy.

1. In other cases, if the justice of the peace grants the application, he issues an official liquidation order, which summons

1. the deceased's creditors to file their claims with the clerk of the justice of the peace court within a period that cannot be less than one month from the first publication;

2. the deceased's debtors to declare their debts within the same period to the clerk of the justice of the peace court.

2. When the order is issued after acceptance under benefit of inventory, the period may be reduced to ten days. Creditors and debtors who have already made their declaration are exempt from notifying again.

3. The order contains the warning that the heirs are not liable for the debts of the estate.

1. The provisions of Articles 144 to 148 of the present law concerning the publication of the order, the inventory proceedings, and interventions shall apply as in the case of benefit of inventory.

2. If the official liquidation takes place after the benefit of inventory, the justice of the peace shall limit themselves to the complementary procedures required, where applicable, by any new submissions.

1. The order involves the appointment of one or more administrators responsible for carrying out the liquidation in accordance with Article 596 of the Civil Code [A].

2. The administrator is placed under the authority of the justice of the peace, who provides the necessary directions and makes rulings, upon written request and after hearing or duly summoning the interested parties, on the appeals that may be submitted by the heirs or other interested parties pursuant to Article 595, paragraph 3 of the Civil Code.

1. If it is necessary to auction real estate, the conditions of sale and the advertising measures are determined by mutual agreement between the administrator and the heirs; in the event of a disagreement, the Justice of the Peace shall decide.

2. Auctions of personal or real property take place under the authority of the administrator, who oversees the proceedings, with the assistance of a notary if it involves real estate.

**1.** When the inventory shows that the estate is insolvent, the justice of the peace shall automatically transmit the file to the president of the court, who will revoke the administrator's powers and order liquidation by the bankruptcy office, according to the rules of bankruptcy, in accordance with Article 597 CC [A]. This measure is made public.

**2.** Upon notification from the justice of the peace to the president of the court, the same measure must be taken when, during liquidation, it appears that the proceeds from the sale of assets are insufficient to pay the debts.

**3.** The administrator is required to immediately notify the justice of the peace when there is reason to fear that the assets of the estate will not cover the liabilities.

1. The conservatory measures requested by legatees pursuant to Article 594, paragraph 2 of the Civil Code, are ordered by the justice of the peace upon written request, after the interested parties have been heard or duly summoned.

1. The Cantonal Court shall determine by regulatory means the costs of the conservatory succession measures ordered by the authority and their debtors.

1. At the request of an heir, a notary, in their capacity as a public officer, must assist in the advancement of the division and in the preparation of a draft division that is likely to gain the agreement of all the heirs (Art. 609, para. 2 CC [A]).

2. There is no need for the intervention of a notary in the presence of an executor of a will in charge of such operations.

3. The notary must not have participated in the drafting of the dispositions for cause of death and must otherwise be qualified to draw up legal documents under the notarial law. Refusal to proceed or excessive delay is subject to the department responsible for the supervision of notaries [M] by the analogous application of Article 50, paragraph 2 of LNo [T].

4. The intervention costs are debts of the estate.

1. If a proceeding for the division of an estate is initiated, a notary may be required under the same conditions.

2. The conciliatory mission of the notary is conducted under the authority of the president of the court, with the provisions relating to expertise being applicable by analogy.

1. The Banning of Forests and Pastures (Art. 699 CC [A]) is issued by the justice of the peace following, by analogy, the rules of the Swiss Code of Civil Procedure [J].

2. Administrative prohibitions pertaining to forestry legislation are reserved.

3. The banning of portions of the public domain or concessionary works on this domain falls exclusively under cantonal legislation on the use of lakes and waterways dependent on the public domain [AG].

1. When federal law permits a deposit without the intervention of the authority, particularly for stored goods, this transaction is valid, if it concerns monetary values, at an establishment subject to the federal law on banks and savings institutions [AH] with its headquarters or an agency in the canton.

1. The deposit authority is the justice of the peace.

2. The judge, when addressed by a motion concerning a service whose object is to be deposited, can also rule on this deposit, alternatively with the justice of the peace.

3. The judge records a report of the deposit made, with a precise designation of the deposited object. The creditor is informed by registered letter or, if the creditor has no known residence, by publication in the Official Gazette.

1. The rules of subject-matter jurisdiction applicable before the entry into force of this law remain applicable to cases pending before civil or administrative authorities.

2. The same applies to procedural rules, including for appeal procedures.

1. Articles 198, 199, 200, 201, 201a, 202, 206, 206bis, 207, 208 to 210bis of the Law Introducing the Swiss Civil Code in the Canton of Vaud, dated November 30, 1910, remain in force for the cases that are still subject to them.

1. The registrar of the commercial register is responsible for the consultation of matrimonial property regimes' registers.

2. As it does not fall under the former federal law, the procedure, administrative jurisdiction, and supervision are governed by the law on the commercial register [AI].

1. Until the entry into force of the Federal Law of December 11, 2009, amending the Swiss Civil Code (Register-Based Mortgage Note and other amendments to Property Rights) [AJ], the official valuation applicable to annuity bonds is the fiscal valuation of properties when the pledge's object is not subject to rural land law.

2. Both before and after the entry into force of the Federal Law of December 11, 2009, amending the Swiss Civil Code [A] (Register-Based Mortgage Note and other amendments to Property Rights), the prefect is responsible for overseeing the drawing of serially issued annuity bonds (Art. 882, para. 2 CC, as in 1907).

1. Alpine pasture syndicates and other ancient undivided agricultural holdings where the undivided share enjoys the use of the common property are subject to the rules of condominium property unless a contrary local custom is established.

2. Co-ownership shares are not registered. However, they may be transferred subject to compliance with the authentic form.

1. Administrative authorizations and prohibitions issued under the old law remain effective indefinitely under the new law, until they are modified or revoked. However, the oversight of the activity is governed by the new law as soon as it comes into force.

1. The Intercantonal Arbitration Agreement [AK] approved by the Federal Council on August 27, 1969, remains applicable in administrative matters if the parties' agreement stipulates its application. In such cases, the President of the Appeals Chamber remains competent for the application of Articles 12, 16, 21, 23, 27, 38, and 43 of the Agreement, and the registry of the Cantonal Court receives, serves the award, and affixes the declaration of enforceability (Articles 35 and 44 of the Agreement). Interpretation and revision are governed by the Swiss Code of Civil Procedure [J].

1. The following are repealed upon the entry into force of this law

- the law of November 24, 1981, on legal aid in civil matters;

- the law of November 30, 1910, introducing the Swiss Civil Code in the Canton of Vaud;

- the law of December 7, 1937, introducing the Federal Law of December 18, 1936, revising Titles XXIV to XXXIII of the Code of Obligations in the Canton of Vaud;

- the law of December 15, 1942, implementing the Federal Law of December 20, 1941, revising Title XX of the Code of Obligations (on suretyship) in the Canton of Vaud;

- the Code of Civil Procedure of December 14, 1966;

- the law of May 18, 1955, on eviction procedure in matters of residential and agricultural leases;

- the law of May 25, 1988, on judicial procedure in matters of consumer protection and unfair competition;

- the law of May 20, 1935, implementing the Federal Law of November 8, 1934, on banks and savings banks in the Canton of Vaud;

- the law of March 4, 1968, introducing the Federal Law on Investment Funds in the Canton of Vaud.

1. Articles 2, sections 3, 7, 8, 8a, and 9, 3, 4, section 19, 11, section 1, 21, paragraph 1, 62 to 64, 67 to 70, 88 to 118bis of the introductory law of the Canton of Vaud to the Swiss Civil Code of November 30, 1910, remain in force until the entry into force of the federal law of December 19, 2008, revising the Swiss Civil Code [F] (Protection of adults, personal law, and family law).

2. The provisions of the Vaud Code of Civil Procedure of December 14, 1966, concerning child protection, prohibition, and the lifting of such measures, as well as the procedure for deprivation of liberty for assistance purposes (Articles 379 to 408, 605, and 617 of this code), along with any other useful provisions of this law for the application of the provisions cited in paragraph 1, remain in force until the same deadline.

1. The electronic monitoring device (Art. 51a) may be applied retroactively to proceedings initiated prior to the entry into force of this law.

1. The Council of State is entrusted with the execution of the present law. It shall publish the text in accordance with article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by decree, the date of its entry into force.